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Legal Procedure to follow for Exports from India: Best Corporate Lawyer Advice

Best and Experienced Lawyers online in India > Corporate Lawyer  > Legal Procedure to follow for Exports from India: Best Corporate Lawyer Advice

Legal Procedure to follow for Exports from India: Best Corporate Lawyer Advice

Aside from situations where they are restricted by this Policy’s clauses or any other currently in effect laws, exports and imports are allowed to take place for free. The item-by-item export and import policy must follow the guidelines in ITC(HS), which are periodically updated and released by the director general of foreign trade. However, the Director General of Foreign Trade may outline the clauses in a public notice under which any items that are not covered by the ITC(HS) may be shipped without a permit. Additionally, the exporter must confirm the necessity of an export licence before applying for one to the DGFT. ITC (HS) Schedule 2 incorporates the Export Policy Regime. The following are the general conditions for exporting products under the FTP:
1. Establishing a financial institution – Exporters are required to establish an existing account with a financial institution that is permitted to conduct foreign exchange operations.
2. Getting a permanent account number (PAN) – The Department of Income Taxation must issue PANs to exporters and importers.
3. Getting a code for importers and exporters – An importer-exporter code must be obtained from the DGFT by anybody planning to export products.

No items may be exported without first being cleared by custom authorities, who grant the Let Export Order (LEO) upon the submission of the commercial invoice. Before submitting a commercial invoice for the discharge of export goods, it is mandatory to get a PAN-based Business Identification Number (BIN) from the Custom authorities. Additionally, a bank account must be opened at the assigned Bank in order to receive any big downside amounts, and it must be registered on the system. In the absence of EDI, shipping bills and export bills must be filled out according to the 1991 Shipping Bill and Bill of Export (Form) rules. Different shipping bill applications must be made by an exporter for the export of duty-free commodities, the shipment of essential commodities, the shipment of goods with a deduction, etc.

Proclamations in the structured form must be submitted through the distribution centres of Custom authorities to use the EDI system. The exporter creates a guideline for integrity checks. The Customer Services supervisor verifies the information before submitting it to the system, which then creates a Shipping Bill Number that is validated on the produced certificate and sent back to the exporter. The majority of the time, a Shipping Bill is completed automatically by the system based on the exporters’ declarations without any human involvement. The Indian Chamber of Commerce (ICC), which provides the Non-Preferential Certificates of Provenance attesting to the Indian origin of the exported goods, must also be registered by the exporter.
Authored By: Adv. Anant Sharma & Raghavendran Keerthana

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